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HomeMy WebLinkAboutBy-law 2635/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2635/88 Being a by-law to authorize the execution of a Transfer of certain storm sewer easements in Plan 40M-1498, Picketing, from SilweI1 Developments Limited and Berma Estates Limited to The Corporation of The Town of Picketing. WHEREAS, The Corporation of the Town of Pickering requires storm sewer easements over certain lots in Plan 40M-1498, Picketing, for the purpose of draining storm water through Plan 40M-1498, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Picketing may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements, in the form attached hereto as Schedule A, from Silwell Developments Limited and Berma Estates Limited to The Corporation of the Town of Pickering over those parts of Lots l, 2, 3, 35, 36, 48, 49 and 50, Plan 40M-1498, Picketing, designated as Parts l, 2, 3, 4, 5, 6, 7 and 8, Plan 40R-10873. BY-LAW read a first, second and third time and finally passed this llth day of January, 1988. o~a-n E. Ande'T~so~ ,~ Ma'y~6~r - SCHEDULE A ~. .... o,,,.°'r'°'"'" Transfer/Deed of Land ~ Form-- Land flegl.lmtlon flefom~ Act, 1984 (1) Regl.lry [] L.ndTlllel [] ~2) Page 1 of t, pageil (3) Property Block Property Identifier(il) s. [] (4) Conilldef alton (5) Oeecdptlon 3his is a: Property Property Division [] Consolidation [] Part of Parcel Plan I s Section 40M-ia~[i~ in the Town of Picketing, in the Reatoeal New Property ldentitle~a Municipality of Durham as more particularly AddltTo.nl: described in Schedule attached. ; Descrlptlon [] Parties [] Olher[] easement ~.~ Date et Stgnnture Name(a) SIgnature~____ ~e SlLWEbL DEVe~O]'~EN'rs LIMITED Per, ~[~n[ 1907 ........................... . ...................... B S de t ..... (a. to a,~ und/v~ded BOY. inter.st) (I hay .~t~.~s~A~.r,s..,l~.~.~ ................... ~er,..,.~~.., ..... .... 1787 ~9~77. . Corporation . , Name(s) Signalure(s) y M .............................................................................. ...... flOlT~nn~feror(s) Address ,~950 Yonge Street, Su/ge 910 North ~ork, ~ntario M2N 6~1 ..................................... ~_.... ~;;;;. Y;~i;;,' ~;;~ .......... (12) Trnnsler~(s)Addrese 1710 Kingston Road Pick*ring, Ontario Ltv 1C7 I I ~ I (1~} ~oll~llor lop Trm~*lwre~) I have invesllgaled 1he lille lo Ibis I~nd end lo ~bulllng I~nd where r~ev~n~ *nd I ~m ~*11~11~ Ih.1 the lille transler des not co. lravene section 49 of the Planning Act 1983. I act Inde~ndently of 8m solicitor for the translator(s} andl am an Ontario sollctl~ In good stand(ag. Ix~ ~ I Add~e~ of V M II " ~ s~g.~t~., .......................... I ...... I ....... >ILS) Mu"Iclp"I addre., el Property (17) O~ument PrepsrO by: ( I R~IN COOPER) l,,ml/= Land Trensler Tax. Barrister~ & Solicitors 367 Bay S~reet, Suite 800 Toroneo, Ontario HSl, 2R8 · o,"'°v'"c' Schedule Form 5 -- Land Reglelrallon Reform Act, 1964 P~ge 2 o [ 4 . r Additional Properly Identifier(s) an~t/or Olher Inlormatlon INTEREST/ESTATE TRANSFERRED 1. The Transferor hereby transfers to the Transferee the free, uninterrupted and unobstructed right and easement to construct, operate and maintain such storm drainage works, together with any appurtenances thereto as may be required from time to time in, under and across the lands herein described, together with a right of the Transferee, its successors and assigns and its and their servants, agents and workmen, with all necessary equipment, machinery and vehicles to enter upon the lands at all times and to pass and repass thereon for replacing (including replacement with storm drainage works of larger size and capacity) and maintaining the storm drainage works or any part thereof or appurtenances thereto to be constructed0 reconstructed, examined, repaired, renewed, replaced or maintained situate on the lands. 2. The Transferor covenants that it shall not erect any building or structure nor place or remove any fill on or from any part of the lands without the express written consent of the Transferee. 3. The Transferor hereby releases the Transferee from any claim which may arise out of tbs exercise by the Transferee of the right and easement granted .here- by, or which may arise out of the existence or operation of' the storm drainage works, provided the Transferee fills in all excavations and as far as is practi- cable restores the surface to the condition existing prior to any entry thereon to exercise the right hereby granted. 4. The Transferor covenants that it shall execute such further assurances of the right and easement granted hereby as may be required by the Transferee. 5. The burden of this Transfer and of all the covenants contained herein shall run with the lands herein described. 6, This Transfer shall 'be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. LAND BENEFITED (DOMINANT TENEMENT) 7. The benefit of this Transfer and all of the covenants contained herein shall run with all other lands and interests in land owned, occupied or used by the Transferee, its successors and assigns for the purpose of operating and main- taining storm drainage works. *'*' P'""" Schedule ~' Form 5 -- [l~ R~I~U~ Refo~ A~, lg~ · Adallo~ prof)e~ Idenll~l) m~ Ol~r Inlon~atl~ DESCRiPTiON ~. Part of Lot l, Registered Plan 4OM-14~ designated as Part l, Reference Plan 4OR-}~7.~ Part 2, Reference Plan 3. Part of Lot 3, Registered Plan 4OM-}~ designated as Pa=t 3, RefeCence Plan 4o -/D 7 4. Part of Lot 35, Registered Plan 40M-}4~~ designated as Part 4, Referemce Plam 40R-/~7~ 5. Part of Lot 36, Registered Plan 40M-/~ designated as Part 5, Reference Plan 40R-/~7~ 6. Part of Lot 48, Registered Plan 40M-/~ designated as Part 6, Reference Plan 40R-/~ 7. Part of Lot 49, Registered Plan 40M-/~ designated as Part 7, Reference Plan 40R-/~ 8. Part of Lot 50, Registered Plan 40M-~ des~gmated as Part 8, Reference Plan 40R-/~7~ i. Allid~vit of Residence end of Value of the Consld~stion ~efer ~o ~111n~tr~Hon~ on ~rse s~e. ~ 4 0[ 4 m T,~ U~T~nOF m~ C~WV~,C~ a~~ Part ~ts I, 2, 3, 35, 36, 48, 4g & 50, Plan 40M-1498, Pickerln~ (Parts 1, 2, 3, 4, Silwell Developments Limited and ~erma ~states Limited ~e Corporation o[ the Town o[ Pickering ~~1hy ~he~Leld MAKE OATH ANO SAY THAT: The Corporation o( the Town o; Plckeriqg None (a} Mon~ aa~ or to ~ ~ t. cash ................................ (b)Mmt~ II1 As~m~ ~~e~c~~e~e) ....... $ . nil letVALUE OF LAND. BUILDING. FIXTUnES AND GOODWILL SUBJECT TO LAND TRA~FER TAX tretalelfaJtoff)) Ill TOTAL CONSIDE~ATI~ .................................................. Nn re~s~p~.~ansrer n~d~ns ~[ee. Transfer of storm sewer easements to a munlci~uant tn ~ubdivl~inn A~reRment reeuirements. Swo~n~ore~a~t~ Town o[ Picketing In the Regional Municipality of Durham this 21st dayol December, m 87. P~o~rty Information Re~d A. ~r~nelureo~ln~tm~t: Transfer/Deed o[ Land I[10 Kings[on Road, Picketing, Ontario LIV IC7 (tl1 L~al d~t~n of ~IV to~: S~ as In OUt ~. Y~ ~ No ~ Not k ~n ~ C. M. Timothy She[field '" Town ~911cltot REOISTnATION NO. Town OF Plckgrlng. t,~ n~e,v o,~ No ~.710 KIn[ston Road PJckeringt Ontario n~lst~atlnn Data LIV IC7 [;A I-,' F ~U, i , The Town of Picketing LEGAL DEPARTMENT Silwell Developments/Berma Estates Storm Sewer Easements Part Lots 1-3, 35-36 & 48-50, 40M-1498 (Parts 1-8, Plan 40R-10873) THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2635/88 Being a by-law to authorize the execution of a Transfer of certain storm sewer easements in Plan 40M-1498, Picketing, from Silwell Developments Limited and Berma Estates Limited to The Corporation of The Town of Picketing. WHEREAS, The Corporation of the Town of Picketing requires storm sewer easements over certain lots in Plan 40M-1498, Pickering, for the purpose of draining storm water through Plan 40M-1498, and pursuant to the provisions of section 193 of the Municipal Act, R.S.O. 1980, chapter 302, the Council of The Corporation of the Town of Pickering may pass by-laws for acquiring interests in lands; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Transfer of storm sewer easements, in the form attached hereto as Schedule A, from Si]well Developments Limited and Berma Estates Limited to The Corporation of the Town of Picketing over those parts of Lots 1, 2, 3, 35, 36, 48, 49 and 50, Plan 40M-1498, Picketing, designated as Parts 1, 2, 3, 4, 5, 6, 7 and 8, Plan 40R-10873. BY-LAW read a first, second and third time and finally passed this llth day of January, 1988. o:hn E. Ande'l~ofi ,v Ma~y~B~r ? ~rtfce Taylor, Fterk/ " I'J '!J,,rl